ORDER N0. 1566
ORDER GRANTING KERRVILLE CABLE CO. THE USE, RIGHT, PRIVILEGE,
POWER AND AUTHORITY TO CONSTRUCT, MAINTAIN, OPERATE AND
REMOVE IN, OVER AND ACROSS THE STREETS, AVENUES, PARKWAYS AND
PUBLIC PLACES THE NECESSARY EQUIPMENT FOR THE OPERATION OF A
SYSTEM OF EXHIBITION OF VISUAL AND AUDIBLE ENTERTAINMENT IN
HOMES AND A COMMUNITY ANTENNA SYSTEM IN THE COUNTY OF KERR,
KERRVILLE, TEXAS PROVIDING FOR COMPENSATION FOR SUCH RIGHTS.
WHEREAS, the citizens of KERRVILLE SOUTH not being served cable T. V. in Kerr-
ville, Texas, are in need of a cable T. U. and WHEREAS, this cable T. V. would
provide needed news broadcasts, exposure and educational materials for the
residents of the county, THEREFORE, BE IT ORDERED BY THE COUNTY COMMISSIONERS
OF KERR COUNTY, KERRVILLE, TEXAS:
SECTION 1: There is hereby granted by the County of Kerr, Texas (herein
called Grantee), and its successors and assigns, the right and privilege, for
a period of sfixteen (16} years from the effective date of the Resolution, to
construct, maintain and operate in the present and furture streets, alleys and
public places within a portion of Kerr County, Texas, said inscribed area being
described by plat or map of same attached hereto as Exhibit "A" and incorporated
herein for all purposes, and its successors, necessary wiring, cables, poles,
underground conduits, and other apparatus for the purpose of operating and
extending to the citizens of the County, and the inhabitants thereof, a system
of exhibition of motion pictures and other visual and audible entertainment in
the homes by transmission of electronic impluses originating in a central
studio or other facility over cables wires or other means, such visual and
audible entertainment being reproduced in the homes through television sets of
other electronic devices; and the right and privilege to erect and operate a
community antenna system for the transmission of television signals. There is
hereby granted the further right, privilege and authority to the Grantee to
lease, rent, or in any other manner obtain the use of such towers, poles, lines,
cables and other equipment and facilities, subject to all the existing and the
future Resolutions and regulation of the County.
SECTIOfI 2: The Grantee shall, at all times, make and keep full and
eorr~piete plans, +~+aps and records showing the exact locations of all towers,
poles, lines, cables and other equipment and facilities located and used by
the Grantee in the County in connection with the system.
SECTION 3: The Grantee shall defend the County against any lawful claim
for injury to any property caused by the Grantee in the construction of
operation of its property; and in the event of such determination of such
liability shall indemnify the County. The Grantee herein, its successors and
assigns, shall indemnify and hold harmless the County from any and all liabilities,
claims, demands or judgements growing out of any injury to any person or property
as the result of the violation no failure on the part of the Grantee, its suc-
cessors and assigns, to observe its proper duty, or because of negligence in
whole or in part arising out of construction, repair extentinn, maintenance or
operation of its equipment of any kind or character used in connection with
this permit.
SECTION 4: All installation of equipment shall be of a permanent nature,
durable and installed in accordance with good engireering practice, and of suf-
ficient height to comply with all existing County regualtions, and State laws
so as not to interfere in any manner with the rights of the public or individual
property owner and shall not unreasonably interfere with the travel and use of
public places b.y the public, and during the construction, repair or removal
thereof, shall not unreasonably obstruct or impede traffic.
SECTION 5: The County reserves the right of regualtion of the erection
and construction of any work by the Grantee and to designate where such works
SECTION 7: The rights, privileges and easements granted and conferred
hereby may be forfeited by the County Commissioners upon the failure or refusal
of the grantee, its successors and assigns, to observe its terms and provisions.
Such forfeiture shall be exercised in the following manner:
(1) Service of notice upon the Grantee specifying with particularity
the acts or ommissions of Grantee claimed to be a violation of the provisions
hereof.
(2) If Grantee shall not eliminate, cure or obviate such failure
or violation within sixty days after such notice, unless such failure is beyond
control of Grantee
Under these conditions, this Permit shall thereupon terminate or be forfeited.
SECTION 8: As consideration and compensation for the rights, privileges
and easements granted and conferred hereby, the Grantee shall pay to the County
the sum of $10.00 per annum in advance.
SECTION 9: The rights, privileges and easements granted and conferred
hereby are granted on the condition that Grantee or its assigns shall begin
work of installing the service herein authorized within the period of 120 days
from the effective date of this Arder and that upon failure of Grantee or its
assigns to comply with said condition this grant may be terminated and no longer
be i n effect.
SECTION 10: If any section, sentence, clause or phrase of the Eder is
for any reason held illegal, invalid, or• unconstitutional, such invalidity
shall not affect the validity of the Resolution and any portions in conflict
are hereby repealed.
SECTION 11: Effective Date: This order shall be effective immediately
upon its passage.
On motion by Commissioner Holland seconded by~.Commissioner
Lich and ur~ar~mously
order was passed this the y t day
ATTEST:
TRICIA YE, County rk
and Ex-Officio Clerk of the
Commissioners Court.
of pp July by the ~4t. T
R ~. M~IRRSS'S
tyJu,e
~~ .
FRED HOLLAND, Commissioner
Precinct 1
-1 -~ ~d, Y
EDWARD HIGGINS, Commis er
Precinct 2
/~"
~~-~ e-~
VICTOR LICH, Commissioner
Precinct 3
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